K KATHIRESAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER THANJAVUR

JUDGEMENT

(1.) IN all the writ petitions, petitioners seek a direction to the first respondent to issue appointment orders pursuant to his proceedings dated 12.10.2005 appointing the petitioners as secondary grade teacher in any one of the Government Elementary Schools under the control of the first respondent.

(2.) THE brief facts necessary for disposal of the writ petitions as stated in the affidavit in support of the writ petitions are as follows. (a)THE petitioners are natives of Sivagiri Taluk, Tirunelveli District and they under went their school education at Hindu Nadar Uravinmurai Committee Higher Secondary School, Puliyangudi at Tirunelveli District and diploma course at DIET, Munanjipatti, Tirunelveli District. After passing Diploma in Teacher Education, petitioners registered their names with the District Employment Office at Tirunelveli on 18.11.2002, 4.10.2000 and 10.12.2002 respectively. Subsequently petitioners shifted their family from Tirunelveli to Tanjore and the petitioners in W.P Nos. 6982 and 6990 of 2006 have permanently settled with their families and are residing at Nellithoppu Village, Kovilur Post, Papanasam Taluk, Tanjore District and the petitioner in W.P. No. 6987 of 2006 is residing at 10A7/ Guruswamy Chettiyar Colony, Othakadi Street, Madulampettai, Kumbakonam, Thanjavur District. (b)After becoming permanent residents at Thanjavur, petitioners have made applications for transfer of their Employment Registration from the District Employment Office, Tirunelveli to the District Employment Office, Thanjavur. THE said re-registration was regulated by G.O.Ms.No.66 Labour and Employment (N-II) Department, dated 15.7.2002. According to the petitioners, for such re-registration only two conditions are to be satisfied: that is, production of migration certificate issued by the Tahsildar concerned and an attested copy of the new ration card showing the new address. According to the petitioners, on production of the said two documents, the concerned District Employment Office is bound to re-registre the name of the petitioners in the transferred district. (c) Petitioners have separately submitted family migration certificates issued by the concerned Tahsildar dated 7.3.2005, 10.1.2005 and 30.8.2005 respectively and attested copies of new ration cards. On verification of the said documents, petitioner's registration in the Employment Exchange was also transferred to Thanjavur District and the petitioners were assigned new registration numbers. (d) It is the further case of the petitioners that in October, 2005, the first respondent called for a list from the Employment Exchange, Thanjavur District for selection to the post of Secondary Grade Teachers pursuant to which the District Employment Office, Thanjavur, sponsored petitioners" name for the said posts. THE first respondent by proceeding dated 12.10.2005 called upon the petitioners to appear before him for verification of the certificates for issuance of appointment order. THE petitioners also appeared before the first respondent on 15.10.2005 at 10.00 am. at Rajah's Higher Secondary School, Thanjavur and the first respondent verified all the certificates and satisfied with the same. Petitioners were informed by the first respondent that after finalising the entire formalities, appointment order will be communicated to them. However, no order was communicated even though the petitioners approached the first respondent several items and therefore the petitioners have filed the respective writ petitions.

(3.) FOR proper appreciation of the eligibility conditions for transfer of Employment registration from one district to another district, it is useful to refer G.O.Ms.No.66 dated 15.7.2002, which reads as follows. "GOVERNMENT OF TAMIL NADU" ABSTRACT Employment Exchanges-Registration, Change of Address and Re-registration from one District to another District-Revised procedure - Orders issued. LABOUR AND EMPLOYMENT (N2) DEPARTMENT G..O.Ms.No.66 Dated 15.7.2002 Read: 1) From the Director of Employment and Training, Letter No.Pa.Pa.1/20086/2001, dated 21.9.001 and 11.7.2002. 2) From the Principal Commissioner and Commissioner for Revenue Administration. Letter No.Re.V(3)/76320/200103, dated 21.5.2002. ORDER: As per the existing procedure, the registrants who seek re-registration from one District to another District should get a certificate about his residence in the new District from the Tahsildar concerned and get his registration in the new District with his seniority in the old District. In this regard, complaints have been received that some registrants are furnishing bogues residential certificates to transfer their registration to Districts where there are considerable number of vacancies. Because of such re-registration, the seniority of the native registrants are affected and such affected native registrants are creating law and order problems in their Districts by way of agitation, dharna, etc. (2) In order to prevent re-registration with bogus residential certificates the Director of Employment and Training in his letter first read above has sent a proposals for the discontinuance of the existing procedure of obtaining residential certificate from the Tahsildar concerned in the new District and for obtaining a family migration certificate for re-registration from one District to another District. The Director has also requested the Government to issue orders that the new registrants should be allowed to register their names in the Employment Exchanges only on production of Ration Card and for registration for change of address within the District, the registrants should produce the family migration certificate. (3) The Principal Commissioner and Commissioner for Revenue Administration, in his letter second read above has accepted the proposal of the Director of Employment and Training for issue of family migration certificate instead of residential certificate by the Tahsildars for re-registration of name from one District to another District subject to the condition that their names must be registered based on the Ration Card. (4) The Government, after careful consideration, pass the following orders: i. New registrants should produce an attested copy of their Ration Card as proof of address. ii. Registrants who seek re-registration from one District to another, should produce- (a) family migration certificate issued by the Tahsildar concerned in the new District in the form enclosed with this G.O., and (b) an attested copy of the new Ration Card showing the new address. iii. Registrants who seek change of address within the same District should produce an attested copy of their Ration Card showing the new address. 5) The Director of Employment and Training and the Principal Commissioner and Commissioner for Revenue Administration are requested to communicate copies of this Order to all their subordinates for strict compliance and also to make vide publicity in leading Newspapers. (By order of the Governor) M.B. Pranes,Secretary to Government. As rightly contended by the learned counsel appearing for the petitioners, it is clear from the above Government order, only two requirements are to be satisfied by a person who is shifting the place of residence and seeking transfer of employment registration. First one is to produce family migration certificate issued by the Tahsildar concerned in the new district and the second one is production of attested copy of new ration card showing the new address.